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The Oregon Administrative Rules contain OARs filed through April 15, 2009 BUREAU OF LABOR AND INDUSTRIES DIVISION 20 WAGES Procedural Rules 839-020-0004 Definitions: (20) "Hours worked" means all hours for which an employee is employed by and required to give to the employer and includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place and all time the employee is suffered or permitted to work. "Hours worked" includes "work time" as defined in ORS 653.010(11).
ORS 653.010(11): “Work time” includes both time worked and time of authorized attendance. [1967 c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446 §1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398].
(25) "Primary duty" means, as a general rule, the major part, or over 50 percent, of an employee's time. However, a determination of whether an employee has management as the employee's primary duty must be based on all the facts of a particular case. Time alone is not the sole test and in situations where the employee does not spend over 50 percent of the employee's time in managerial duties, the employee might have management as a primary duty if other pertinent factors support such a conclusion. Factors to be considered include, but are not limited to, the relative importance of the managerial duties as compared with other duties, the frequency with which the employee exercises discretionary powers, the relative freedom from supervision and the relationship between the salary paid the employee and wages paid other employees for the kind of non-exempt work performed by the supervisor.
(29) "Salary" means a predetermined amount constituting all or part of the employee's compensation paid for each pay period of one week or longer (but not to exceed one month) and in no instance will be any amount less than required to be paid pursuant to ORS 653.025.
ORS 653.010(9) “Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by 2,080 hours per year, then divided by 12 months.
ORS 653.025 Minimum wage rate. (1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:
(a) For calendar year 1997, $5.50
(b) For calendar year 1998, $6.00
(c) For calendar years after December 31, 1998, and before January 1, 2003, $6.50.
(d) For calendar year 2003, $6.90.
(e) For calendar years after 2003, a rate adjusted for inflation.
(2)(a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in paragraph (b) of this subsection.
(b) No later than September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.
(c) The wage amount established under this subsection shall:
(A) Be rounded to the nearest five cents; and
(B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified in subsection (1) of this section, on January 1 of the following year. [1967 c.596 §4; 1973 c.403 §3; 1975 c.504 §1; 1979 c.832 §1; 1979 c.886 §1; 1985 c.99 §2; 1985 c.161 §1; 1989 c.446 §4; 1997 c.1 §1; 2003 c.2 §1]
(30) "Salary basis" means a salary as defined in section (29) of this rule, which is not subject to deduction because of lack of work for part of a work week, however, deductions for absences of one day or more may be made if the employee is absent for other reasons. Deductions may not be made for absences of less than one day, except as permitted for employers covered by the federal Family and Medical Leave Act of 1993, Public Law 103-3, for part-day absences due to leave pursuant to that law. Employees who are not paid for workweeks in which they performed no work are considered to be on a salary basis provided they are paid on a salary basis in workweeks when work is performed. (a) Payment of additional compensation is not inconsistent with the salary basis of payment. (b) Compensation paid in the form of fees is not inconsistent with the salary basis of payment, provided the fees paid in each pay period are not less than the amount required to be paid pursuant to ORS 653.025 and meet the requirements for fee payments under the federal Fair Labor Standards Act, as stated in Title 29, Code of Federal Regulations, Part 541.605 and related rules.
839-020-0044 Lectures, Meetings and Training Programs (1) Attendance at lectures, meetings, training programs and similar activities need not be counted as work time if the following four criteria are met: (a) Attendance is outside of the employee's regular working hours; (b) Attendance is voluntary; (c) The course, lecture, or meeting is not directly related to the employee's job; and (d) The employee does not perform any productive work during such attendance. (2) Involuntary attendance: Attendance is not voluntary if it is required by the employer. It is not voluntary in fact, if the employee is given to understand or led to believe that the employee's present working conditions or the continuance of the employee's employment would be adversely affected by non-attendance. (3) Training is directly related to an employee's job if it is designed to make the employee handle the employee's job more effectively as distinguished from training the employee for another job or teaching the employee a new additional skill in the same job. (4) Independent training is time spent by the employee on the employee's own initiative attending an independent school, college, or independent trade school after hours. Time spent in this activity is not considered hours worked for an employer even if the courses are related to the employee's job. (5) Special situations: There are special situations where the time spent in attending lectures, training sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of its employees a program of instruction, which corresponds to courses offered by independent bona fide institutions of learning. Voluntary attendance by an employee at such courses outside of working hours would not be hours worked even if they are directly related to his job, or paid for by the employer. (6) Time spent in an organized program of related, supplemental instruction by employees working under bona fide apprenticeship programs may be excluded from working time if the following criteria are met: (a) The apprentice is employed under a written apprenticeship agreement or program which meets the standards of and is registered with the Bureau of Labor and Industries, Apprenticeship and Training Division; and (b) Such time does not involve productive work or performance of the apprentice's regular duties. If the above criteria are met, the time spent in such related supplemental training will not be counted as hours worked unless the written agreement specifically provides that it is hours worked. The mere payment or agreement to pay for time spent in related instruction does not constitute an agreement that such time is hours worked. (7) Time spent in required training outside regular working hours at specialized or follow up training which is required for certification of employees by any law or ordinance does not constitute compensable hours of work. The time spent in training as provided in this subsection is not compensable, even if all or part of the cost of training is borne by the employer. Stat. Auth.: ORS 653 Stats. Implemented: ORS 653 Hist.: BL 1-1990, f. 2-27-90, cert. ef. 2-28-90; BL 9-1996, f. & cert. ef. 10-8-96; BLI 1-2002, f. & cert. ef. 1-9-02
3 tildes added to end of wiki edit adds name; 4 tildes adds name and date
MAKE SURE TO:
cover slots cover 2nd port if put in card vacuum out hairballs/dustbunnies place FG sticker on computer place system ID sticker on back write DDR or DDR2 on printme for store machines remove asset tags have a clean boot (no buttons to have to push to resume boot)
Production Meeting Minder wrote:
There will be a production meeting, one week from today, Fri, Jul 24 2009, at 10:00 am. Please add agenda items below.
Production Agenda for Fri, Jul 24 2009 ------
Facilitator: ali Scribe: George ali, dave, george, caitlin, sergio (late @ 10:10) I. Commits sergio will poke mw for $ for pwr supplies II. State of the Onion look @ state of onion; no one has recently
commit caitlin will look @ and update state of onion
III. Area Check-In/Discussion - Build special project regs done, freeks done - Macs things are going slowly; S wants full build shift to be in there more; cleanuing up, lots of documentation to be dohne - Laptops going OK; thurs filling up; ali finds it hard to keep tidy, organized; ali started to think about redesignb of area - ewill bring to group; ali wants more vols on sat morn and tues morn; d needs more tues; s wants wed ; full tues, wed fri am wed pm; caitlin will train in mac; grtc taking on lap shift on fri, caitlin fri on build - Advanced Testing ryan out next week; william intern working am; pm shifts more sparse, ok w;/ that am shift does so good; - Printer Reuse have jake come to mtg to discuss printer; discussion on recycdling list re printer sale form (jake) devised
IV. Other Discussion Items
adv. testing intern 3 intern apps; do we want intern? training new intern might be problem for pm shift; set up train schedule; ask forlks if they want to train and want have intern; cliff, santiago, jake; grc will speak w/ jake, cliff, santiago do tyhey wnat intern and want to train; if so, pass around prod area for testing vols that come in to test stuff; don['t have room for it; ebeth want s space to test cell phohnes, matt comes to mtg room for testing; where can we use for testing; discuss work spaces possibility; use mac area for flex space instead of printers; not best for gizmos testing-too open; dungeion? not good for light, may not be conducive for vols; mtg room is best spot but need for mtg, so don't know; need to better at scheduling this room; tom good at finding his own space; we like mtg room space for vols to test stuff (tom, matthew, ebeth); works best for our hneeds dave will speak w/ ebeth about using mtg rroom
V. Production tickets (RT):
all tickets are in progress;
ID Priority Owner Subject 14269 0 Nobody target large bulk sales to business startups: "infrastructure in a box" 14271 0 Nobody harness the valueProduction Meeting Minder wrote:
There will be a production meeting, one week from today, Fri, Jul 24 2009, at 10:00 am. Please add agenda items below.
Production Agenda for Fri, Jul 24 2009 ------
Facilitator: ali Scribe: George ali, dave, george, caitlin, sergio (late @ 10:10) I. Commits sergio will poke mw for $ for pwr supplies II. State of the Onion look @ state of onion; no one has recently
commit caitlin will look @ and update state of onion
III. Area Check-In/Discussion - Build special project regs done, freeks done - Macs things are going slowly; S wants full build shift to be in there more; cleanuing up, lots of documentation to be dohne - Laptops going OK; thurs filling up; ali finds it hard to keep tidy, organized; ali started to think about redesignb of area - ewill bring to group; ali wants more vols on sat morn and tues morn; d needs more tues; s wants wed ; full tues, wed fri am wed pm; caitlin will train in mac; grtc taking on lap shift on fri, caitlin fri on build - Advanced Testing ryan out next week; william intern working am; pm shifts more sparse, ok w;/ that am shift does so good; - Printer Reuse have jake come to mtg to discuss printer; discussion on recycdling list re printer sale form (jake) devised
IV. Other Discussion Items
adv. testing intern 3 intern apps; do we want intern? training new intern might be problem for pm shift; set up train schedule; ask forlks if they want to train and want have intern; cliff, santiago, jake; grc will speak w/ jake, cliff, santiago do tyhey wnat intern and want to train; if so, pass around prod area for testing vols that come in to test stuff; don['t have room for it; ebeth want s space to test cell phohnes, matt comes to mtg room for testing; where can we use for testing; discuss work spaces possibility; use mac area for flex space instead of printers; not best for gizmos testing-too open; dungeion? not good for light, may not be conducive for vols; mtg room is best spot but need for mtg, so don't know; need to better at scheduling this room; tom good at finding his own space; we like mtg room space for vols to test stuff (tom, matthew, ebeth); works best for our hneeds dave will speak w/ ebeth about using mtg rroom
V. Production tickets (RT):
all tickets are in progress;
ID Priority Owner Subject 14269 0 Nobody target large bulk sales to business startups: "infrastructure in a box" 14271 0 Nobody harness the value of printers 14258 0 Nobody increase to 10 laptop classes per week 14266 0 Nobody open selected production shifts on extra days 14264 0 Nobody buy stuff to break hardware dependencies
vacations costing fg us $; prod doesn't have room for covering vac; schdl maxed out; can't really have us cover 2 classes per day, too hard; bnest ifr had anouther prod person; would be nice to have back up for main person; tasks get done related to vaol coord and prod, thenb tasks like sorting, etc; ali been doing sort tasks on admin time would like floater to help; sortingt in laps is important can get more done if things are sorted and assigned properly (think of who can do what and lay out shift that way); laps need more organizing and sorting- lead time, prep time- dave aft shift doesn't take lunch, instead lays out area for max efficiency; another prod person not have build shift on one day-they would be admin for half day, backup helper for other half of day; helpful in mac-laps could use help; redesign macs we do laps and desks gtogether don't do that in build -separate the two; dave thinks we need to separate out mac loaps and desks; macs changing rfrom vol run to S run; not a lot of documentation in macs-need help; can we afford more prod people? can we get raises for ourselves and get prod person? YES. macs pay for themselves and new people; macs will pay for themselves and new person; caitlin think about how we run production; new scheme for fg: we each have an area that we are in charge of but still work together to run it all; caitlin thinks fg needs vol coord; history of prod discussion; prod tries/tried various things over the years, has to be flexible; we want to expand prod areas, when expand harder to cover all areas, schdl tight not having flexibility; can ali just order pwr supplies (go to s. and order) or have to come to committee? just order; will look at budget and adding enough $ for ali to just order w/out coming to committee; _______________________________________________ production mailing list production@lists.freegeek.org http://lists.freegeek.org/listinfo/production
_______________________________________________ production mailing list production@lists.freegeek.org http://lists.freegeek.org/listinfo/production
of printers
14258 0 Nobody increase to 10 laptop classes per week 14266 0 Nobody open selected production shifts on extra days 14264 0 Nobody buy stuff to break hardware dependencies
vacations costing fg us $; prod doesn't have room for covering vac; schdl maxed out; can't really have us cover 2 classes per day, too hard; bnest ifr had anouther prod person; would be nice to have back up for main person; tasks get done related to vaol coord and prod, thenb tasks like sorting, etc; ali been doing sort tasks on admin time would like floater to help; sortingt in laps is important can get more done if things are sorted and assigned properly (think of who can do what and lay out shift that way); laps need more organizing and sorting- lead time, prep time- dave aft shift doesn't take lunch, instead lays out area for max efficiency; another prod person not have build shift on one day-they would be admin for half day, backup helper for other half of day; helpful in mac-laps could use help; redesign macs we do laps and desks gtogether don't do that in build -separate the two; dave thinks we need to separate out mac loaps and desks; macs changing rfrom vol run to S run; not a lot of documentation in macs-need help; can we afford more prod people? can we get raises for ourselves and get prod person? YES. macs pay for themselves and new people; macs will pay for themselves and new person; caitlin think about how we run production; new scheme for fg: we each have an area that we are in charge of but still work together to run it all; caitlin thinks fg needs vol coord; history of prod discussion; prod tries/tried various things over the years, has to be flexible; we want to expand prod areas, when expand harder to cover all areas, schdl tight not having flexibility; can ali just order pwr supplies (go to s. and order) or have to come to committee? just order; will look at budget and adding enough $ for ali to just order w/out coming to committee; _______________________________________________ production mailing list production@lists.freegeek.org http://lists.freegeek.org/listinfo/production
_______________________________________________ production mailing list production@lists.freegeek.org http://lists.freegeek.org/listinfo/production
can't admin program ourselves but can we find someone else to do so?
hate to see what seems to be a successful program go away just because we can't admin it;
get intern or volunteer at FG to admin program; we provide systems does city or PPS have someone who can admin program and we provide systems? is there a nonprofit we can partner with that has someone who can admin the program?
nonprofit focusing on low income school kids?
is there a state agency/quasi-gov't dept that could be part of the process (either supplying material/personnel or funding)?
what about ESD (education service district)? what role do they play in PPS and can they help?
pros for continuing program:
FG gets organic, word of mouth PR
FG gets traditional PR
use systems that would otherwise be sitting around - reuse rules!
keep city happy by showing them we can be creative in how we reuse systems and inclined to keep providing systems
helps us fulfill our mission
potential source for new volunteers, board members, people donating their equipment to us, etc.
would have full school year to let schools and their students know about the program
more participants means more systems being given away
kids would have full school year to meet the qualifications for obtaining system
make qualifications higher - i.e., more hours of volunteering to qualify (maybe 1 hr per week for the entire school year)
don't have enough classroom space @ FG to hold all classes so could we partner with a local school and use their facilities to hold classes?